Missouri law requires children under 16 to be properly restrained, with the type of restraint depending on the child’s age, weight, and height. The primary law is Missouri Revised Statutes § 307.179, which sets out the child restraint, booster seat, and seat belt requirements that apply on Missouri streets and highways.
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What Car Seat Does a Child Under 4 Need?
Missouri law requires every child under age 4 to ride in a child passenger restraint system that is appropriate, regardless of weight. The same rule applies to any child who weighs less than 40 pounds, even if they are 4 or older.
For babies and young children, safety guidance generally recommends remaining rear-facing until they reach the car seat manufacturer’s rear-facing height or weight limit, then moving to a forward-facing seat with a harness.
When Can a Child Use a Booster Seat?
In Missouri, children who are between 4 and 7 years old and who are at least 40 pounds but who are less than 80 pounds and are under 4’9″ are required to use a child restraint system or booster seat. Once a child turns 8, that booster-seat requirement no longer applies based on age alone, although a booster may still be safer if the seat belt does not fit properly.
When Can a Child Use Just a Seat Belt?
Once a child turns 8, Missouri’s booster-seat requirement no longer applies based on age alone. A child may also use a regular seat belt before age 8 if they are at least 80 pounds or are taller than 4’9″. A booster may still be the safer choice if the seat belt does not fit properly.
Do Kids Have to Ride in the Back Seat?
Missouri law does not require it. Safety experts, including NHTSA and MoDOT, recommend that children 12 and younger ride in the back seat because it is the safest place in the car, but that is advice and not a legal requirement.
Are There Exceptions?
A few. If a child would otherwise need a booster but the vehicle’s back seat does not have a lap-and-shoulder belt suitable for use with a booster, Missouri law allows the child to ride in the back seat using the available lap belt. There is also an exception when a family has more children than seating positions. Taxis and other vehicles for hire are exempt, and so are certain school buses carrying children 4 and older.
What Is the Penalty for Breaking the Car Seat Law?
A ticket with a fine of up to $50 plus court costs. The charge can sometimes be dropped if the driver shows the court they have since obtained a proper car seat or booster. The driver is the one who gets the ticket. Missouri law makes the driver responsible for making sure every child under 16 in the vehicle is properly restrained.
Does an Improper Car Seat Hurt an Accident Claim?
Not automatically. Whether a child was in the right seat and who caused the crash are two separate questions. Missouri law also limits how seat belt nonuse can be used as evidence, so any argument an insurer makes about restraints has to be measured against the statute and the actual facts.
Talk to a Lawyer If Your Child Was Hurt in a Crash
Insurers sometimes raise car seat questions to shift attention away from the driver who caused the crash. Our Missouri car accident attorneys can explain how the law applies to your situation and protect your family’s claim.
Call (314) 300-6260 for a free case assessment.